I believe that Circuit Judge Carlos F. Lucero's dissenting opinion -- which argues that the notice of appeal was timely or, at worst, premature -- has the better of this argument.Posted at 10:07 PM by Howard Bashman

"Getting His Clerkship: How Winning a Coin Flip (Among Other Things) Led John Paul Stevens to Become a Law Clerk to Justice Wiley Rutledge." Law professor John Q. Barrett has this interesting post today at "SCOTUSblog."Posted at 08:14 PM by Howard BashmanSecond Circuit determines whether a corporation's outside counsel can be liable for false statements that those attorneys allegedly create, but which are not attributed to the law firm or its attorneys at the time the statements were disseminated:Today's ruling affirms the dismissal of a securities fraud lawsuit that sought to hold the Mayer Brown law firm liable for matters that allegedly occurred during its representation of the now-bankrupt brokerage firm Refco Inc.Posted at 02:50 PM by Howard Bashman"Supreme Court questions ban of biotech alfalfa": The Associated Press has this report.Posted at 01:30 PM by Howard Bashman"Selecting Stevens' Successor; Politics recedes as a critical factor": Tom Goldstein has this lengthy post today at "SCOTUSblog."Posted at 01:27 PM by Howard Bashman"Key GOP Backing May Help Obama Nominee From Connecticut": Today's edition of The Hartford Courant contains an article that begins, "Strong support from influential Republicans with ties to the Justice Department appears to have substantially weakened partisan opposition to President Barack Obama's nomination of Hartford District Judge Robert N. Chatigny to the U.S. 2nd Circuit Court of Appeals."Posted at 01:24 PM by Howard Bashman"Court seems eager to tackle violent video games": Tony Mauro has this analysis online at the First Amendment Center.Posted at 01:22 PM by Howard BashmanToday's ruling of the U.S. Supreme Court in argued cases: The Court today issued two opinions in argued cases.

1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198. The vote was 5-3 to reverse. The Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined in the majority opinion. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens and Stephen G. Breyer joined. Justice Sonia Sotomayor did not take part in the ruling. You can access the oral argument transcript at this link.

2. And Justice Breyer delivered the opinion of the Court in Merck & Co. v. Reynolds, No. 08-905. The vote was 9-0 to affirm. The Chief Justice and Justices Kennedy, Ginsburg, Alito, and Sotomayor joined in the majority opinion. Justice Stevens issued an opinion concurring in part and concurring in the judgment. And Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. You can access the oral argument transcript at this link.

"The First Amendment and Kittens": Stanley Fish has this post at the "Opinionator" blog of The New York Times.Posted at 08:22 AM by Howard Bashman"Federal Circuit Reverses $4.3 Million Sanction Against McDermott and Medtronic; Though vitiating a Colorado federal judge's order, the Federal Circuit panel made a point of noting that judges should still rule their courtrooms as they see fit": law.com has this report.

"Breathing While Undocumented": Linda Greenhouse has this op-ed today in The New York Times.Posted at 07:50 AM by Howard Bashman"Jailbirds Order Up Hot Wings; Junk Food Lifts Inmates' Spirits, Prison Revenue, but Envy and Diet Are Concerns": Today's edition of The Wall Street Journal contains an article that begins, "In a bid to raise cash and keep the peace in crowded jails, wardens nationwide are offering inmates the chance to order meatball subs, cheeseburgers, chicken parmesan--even a 'Pizza and Wings Party Pack,' complete with celery, blue cheese and a Pepsi. The program goes beyond the old-fashioned prison commissary, with its cup-a-soups and bags of chips, and it can be quite lucrative for corrections departments."Posted at 07:48 AM by Howard Bashman"Possible court nominee had ties with Goldman; Solicitor General Kagan served on advisory panel":This article appears today in USA Today.

"Terror suspect's confessions at issue; Canadian Omar Khadr heads for a military commission, where a judge will decide whether to allow his confessions to be used during his summertime war-court trial": Carol Rosenberg has this article today in The Miami Herald.Posted at 07:20 AM by Howard Bashman